Los Angeles DUI Records

One of the most common questions that people ask in regards to Los Angeles DUI charges is whether or not a DUI arrest or conviction will go on their “record.” For many people, a DUI is their first experience with the criminal justice system and they have no prior criminal record. A single DUI can go on a defendant’s criminal and driving records and it is important to understand what type of effect this can have and what can be done about it.

When a person is arrested for a Los Angeles DUI offense, the arrest is communicated to the California Department of Justice and it will be reflected on the person’ s criminal record. In addition, if the person is convicted of a DUI offense in court, this conviction will also be communicated to the California Department of Justice and the conviction would be entered on the defendant’s criminal record.

Employers increasingly run criminal background checks when making hiring decisions, and a DUI offense on one’s record can jeopardize or threaten job opportunities. Many occupations require that its practitioners be licensed by that state, including doctors, nurses, attorneys, teachers, real estate agents and many more. The licensing board would be automatically notified of the DUI and may take administrative action against the licensee as a result of a DUI conviction.

When a driver is arrested for DUI, the arrest will also be communicated to the California DMV. The DMV will issue an automatic administrative suspension based on the arrest unless the driver requests an administrative per se hearing to challenge the suspension within ten days. Even if the driver has an out-of-state license, the DUI will be entered onto a national DMV database and the driver’s home state will typically issue a reciprocal suspension.

The DUI action will be entered on the arrested party’s driving record. A DUI conviction will also trigger a license suspension and will add two points to the individual’s driving record. This would cause the driver to lose any “good driver” status and his or her insurance rates would be expected to go up. If the driver already has points on his or her record, a DUI conviction could result in the driver being deemed a negligent operator and the driver may face an additional license suspension or revocation.

In Los Angeles, defendants who have been convicted of DUI can file an expungement motion with the court. These are typically filed once the defendant has successfully completed probation, however in certain circumstances the court may be willing to terminate probation early and expunge the defendant’s DUI conviction. With an expungement, the case will be retroactively dismissed. An expungement will typically not be granted if the defendant is facing criminal charges for a new offense.

Even if a DUI or wet reckless conviction is expunged, the offense can still be used to enhance future DUI offenses that may occur. This means that a defendant’s second DUI offense within ten years will be treated like a second time offense even where the first offense was previously expunged. DUI offenses cannot be expunged from a person’s DMV driving record.

If you or a loved one have been arrested for DUI, it is imperative that you speak with a skilled DUI lawyer as soon as possible. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands that criminal records have a severe impact on a person’s life and livelihood and works hard to ensure his clients receive the best defense possible.

For more information about Los Angeles DUI records, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.